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(영문) 서울동부지방법원 2020.12.11 2020노729
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violences, etc. Act (joint residence intrusion), the court below acquitted the defendant of this part of the facts charged on the contrary premise, even though the defendant was found to have entered the J building against the explicit and presumed intent of the victims, a manager of the J building of this case, along with D, etc. in full view of the evidence submitted by the prosecutor.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too uneased and unreasonable.

B. As to Defendant (1) interference with mistake of facts, the Defendant did not perform the work of managing the J building; the Defendant entered the building to verify the condition of the building on the day of the instant case, and there was no direction from D et al. to prevent access to the building to the third floor health room of the building and the fourth floor golf course users.

(2) The above sentence imposed by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. (1) The summary of this part of the facts charged is the vice president of C (hereinafter referred to as “C”), the Vice president of D, the E (hereinafter referred to as “E”), and F, the E employee who recruited service employees, G, and H, respectively.

The Seoul Special Metropolitan Gwangjin-gu I building(J building) was awarded by B through voluntary auction on June 7, 2017 and completed the registration of ownership transfer on June 7, 2017, and entered into a contract with E and J building management.

The victim K is the lessee of the second floor office of the J building, the victim L was the head of the third floor health room, and the victim M was the victim M was the 4th floor golf course, and the J building was under the lien from N(RepresentativeO).

D around September 29, 2017, contact F with F, planned to manage the parking lot of J building, install CCTVs, melting, and manage elevators, and followed by direction as a part of the J building.

Defendant D.

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